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ADUNNA AND OTHERS v. MFUM

1970

HIGH COURT

GHANA

CORAM

  • TAYLOR J

Areas of Law

  • Civil Procedure
  • Tort Law

AI Generated Summary

A plaintiff, represented by a solicitor, sued multiple defendants in the district court grade II for N¢300.00 in damages arising from the alleged unlawful destruction of her cocoa pods and foodstuffs by the defendants’ sheep at her Apemso farm, located on the 'Apemso‑Mfikyire' tract on Asokore stool land and bounded by the properties of Yeboah and Kwasi Manu. The writ was headed 'Under undefended list' and supported by an affidavit under Order 2, r. 9 of Schedule II to the Courts Ordinance, Cap. 4 (1951 Rev.). The district magistrate acknowledged the claim was unliquidated but accepted the plaintiff’s application for default judgment. On appeal, Taylor J held Order 2, r. 9 applies only to debts or liquidated money demands, citing Knight v. Abott, Page & Co. (1882) 10 Q.B.D. 11, and found service afforded the defendants only three days, making default improper under Order 2, r. 11. The magistrate’s ruling was set aside; the case was remitted for evidence and determination according to law, with N¢40.00 costs to the appellants.

JUDGMENT